BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140016974
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests payment for 82 days of unused Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states he was only able to take 36 days of PDMRA based on a letter from the U.S. Army Human Resources Command (HRC) stating he had only accrued 36 days of PDMRA. He appealed the number of days to HRC. After he was released from active duty (REFRAD) he was notified by HRC that he was entitled to 82 additional days of PDMRA and that he had to apply to the Board for relief.
3. The applicant provides of a DA Form 4187 (Personnel Action), PDMRA Calculator Computations, two deployment orders, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a letter from HRC dated
7 September 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a U.S. Army Reserve (USAR) Finance Corps lieutenant colonel when he was ordered to active duty in support of Operation Enduring Freedom on 14 October 2005. He was transferred to Germany during the period 20051028 20080921 and on 12 October 2008 he was REFRAD due to completion of required service.
2. On 15 December 2008, he was ordered to active duty in support of Operation Enduring Freedom. He deployed to Kuwait during the period 20090105 20090926 and on 14 December 2009 he was REFRAD due to completion of required service. He was ordered to active duty again on 1 May 2010 and he again deployed to Kuwait during the period 20100501 20101226. He was REFRAD on 25 March 2011.
3. On 7 September 2010, HRC dispatched a memorandum indicating that the applicant had earned 36 days of PDMRA.
4. The PDMRA Calculator now provided by HRC indicates the applicant earned 118 days of PDMRA and that he used 36 days, leaving a total of 82 days.
5. On 3 September 2013, he was transferred to the Retired Reserve.
6. The following are the governing authority documents for PDMRA:
a. Secretary of Defense Memorandum. Utilization of the Total Force, dated
19 January 2007, directed a program be established to recognize members who are required to mobilize or deploy with a frequency beyond policy established rotation goals;
b. Under Secretary of Defense Memorandum, Programs to Support Utilization of the Total Force, dated 18 April 2007, established the PDMRA program in response to the Secretary of Defense directive in his 19 January 2007 memorandum; and
c. All Army Activities (ALARACT) Message 173/2007, dated August 2007, contained the Armys PDMRA implementation guidance.
7. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007 and publication of the Armys PDMRA implementation guidance on 18 August 2007. This authority expired on
28 October 2010.
8. Department of the Army Personnel Policy Guidance (PPG) contains guidance on the PDMRA program in paragraph 8-10i. It states PDMRA is designed to give extra time off to Reservists and members of the National Guard to compensate them for too little dwell time at home between deployments.
9. The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments. These include involuntary mobilization/deployment under Title 10, USC, sections 12301(a), 12302, or 12304; or voluntary qualifying mobilizations under 12301(d). To qualify a 12301(d) period of duty for PDMRA, the Soldier must provide a leave and earnings statement showing Hostile Fire/Imminent Danger pay to verify period of boots-on-the- ground (BOG) in Iraq, Afghanistan, or Kuwait.
10. Section 605 of the Fiscal Year 2013 National Defense Authorization Act provides for payment of $200 per day for the nonparticipation of eligible members in the PDMRA program due to government error and advised that members may submit an application to the Board or use another process created by the Secretary of the Service concerned. This legislation allows an affected member to make application for payment for any period beginning with the inception of the PDMRA program.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid $200 per day for the 82 days of PDMRA he was unable to take because of government error has been noted and appears to have merit.
2. The PDMRA calculator computes the applicants PDMRA entitlements as being 118 days for three separate deployments. He used 36 days and was unable to use the remaining 82 days due to government error in calculating his entitlements.
3. Therefore, as a matter of equity, he should be paid for the 82 days of PDMRA he was unable to take.
BOARD VOTE:
____X____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was approved for payment of 82 days of unused PDMRA entitlements.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140016974
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016974
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110014049
Application for correction of military records (with supporting documents provided, if any). The record is void of any documents indicating the applicant requested and/or was denied the use of PDMRA during the mobilization/deployment period in which it was earned. The evidence of record and independent evidence provided by the applicant is void of any documentary evidence indicating the applicant requested and was denied PDMRA during the period of active duty in which it was earned.
ARMY | BCMR | CY2014 | 20140007725
The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...
ARMY | BCMR | CY2014 | 20140007725
The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the...
ARMY | BCMR | CY2012 | 20120006777
The applicant states he is qualified for PDMRA for his 2007 deployment and never received payment. Authorization for payment of PDMRA for Soldiers REFRAD between 19 January and 18 August 2007 expired on 28 October 2010, and there have never been any policy or legal authority to authorize payment for unused PDMRA for Soldiers REFRAD subsequent to 18 August 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the...
ARMY | BCMR | CY2012 | 20120004503
The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. Authorization for payment of PDMRA for Soldiers REFRAD between 19 January and 18 August 2007 expired on 28 October 2010, and there have never been any...
ARMY | BCMR | CY2012 | 20120005288
The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. Authorization for payment of PDMRA for Soldiers REFRAD between 19 January and 18 August 2007 expired on 28 October 2010, and there have never been any...
ARMY | BCMR | CY2012 | 20120004136
IN THE CASE OF: BOARD DATE: 12 April 2012 DOCKET NUMBER: AR20120004136 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. The evidence of record confirms the...
ARMY | BCMR | CY2013 | 20130020107
On 2 April 2013, HRC disapproved his request for PDMRA under GA2 and opined that the applicant was not eligible for PDMRA benefits because the law governing PDMRA benefits required that a minimum of 50% of time be spent with boots on the ground in Afghanistan, Iraq, or Kuwait. Although the applicant has not provided any evidence to show that he was unaware of or not properly counseled in regard to PDMRA, it does not appear that he was entitled to accrue PDMRA benefits during his deployment...
ARMY | BCMR | CY2011 | 20110019979
The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Armys PDMRA implementation guidance on 18 August 2007. Authorization for payment of PDMRA for Soldiers REFRAD between 19 January and 18 August 2007 expired on 28 October 2010, and there have never been any...
ARMY | BCMR | CY2010 | 20100029582
IN THE CASE OF: BOARD DATE: 19 July 2011 DOCKET NUMBER: AR20100029582 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The record shows the applicant was REFRAD during the shadow area between 19 January and 18 August 2007, the period between authorization of PDMRA and publication of the Armys PDMRA implementation guidance. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA...